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Resolutions of Iftaa' Board

Resolution No.(281): "Ruling on Building a Quranic Center on Part of an Endowed Plot of Land"

Date Added : 03-11-2019

Resolution No.(281)(17/2019), By The Board of Iftaa', Researches and Islamic Studies:

"Ruling on Building a Quranic Center on Part of an Endowed Plot of Land"

Date: 25/Safar/1441 AH, corresponding to 24/10/2019 AD.

 

Praise be to Allah the Lord of the Worlds.

On its tenth session held on the above date, the Board reviewed the letter (24/10/2019) sent from His Excellency, the Minister of Endowments, Holy Sites and Islamic Affairs, Prof. Abdulnaser Abulbasal, and it reads as follows:

What is the ruling of Sharia on building a mosque and a Quranic center on part of a plot of land endowed as a graveyard from the state treasury?

After careful consideration, the Board decided what follows:

There is nothing wrong with building a mosque and a Quranic center on part of the above plot of land since the state hasn`t endowed it only as burial ground. Rather, it specified using it for that purpose as dictated by the public interest. Therefore, this specification isn`t binding. In other words, that land may be used for other purposes; unlike the case where the condition of the endower is as binding as the text of Sharia. Thus, if the administrator of that endowment saw the need for building the mosque and the Quranic center on that land then there is nothing wrong with that. And Allah the Almighty Knows Best.

 

Chairperson of Iftaa` Board,

Grand Mufti of Jordan,

Dr. Mohammad Al-Khalayleh

Sheikh Abdulkareem Al-Khasawneh, Member

Dr. Ahmad Al-Hasanat, Member

Sheikh Sa`eid Al-Hijjawi, Member

Judge Khalid Woraikat, Member

Dr. Mohammad Al-Zou`bi, Member

Dr. Rashaad Al-Kelaani, Member

Dr. Majid Darawsheh, Member

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Summarized Fatawaa

Is it permissible to agree with a butcher to purchase the meat of an animal after it has been slaughtered — for instance, by buying the meat of a sheep at a price determined by the weight of its meat following slaughter, at a fixed rate per kilogram? And what is the ruling if the animal is being purchased with the intention of it being an uḍḥiyyah (sacrificial offering)?

 
 
 
 
 

All praise is due to Allah, and may peace and blessings be upon our Master, the Messenger of Allah.
It is not permissible to sell livestock in the manner of pricing each kilogram of meat after slaughter at a fixed rate, because the meat within the animal prior to slaughter is unseen and unknown. This leads to jahālah (ignorance of the subject matter) and gharar (contractual uncertainty), both of which are among the invalidating factors in sales transactions.
However, it is permissible for the buyer to issue a promise to purchase the meat of the animal after slaughter at a specified price per kilogram, with the actual sale being concluded at the time of weighing the meat — at which point both the quantity of the goods and the total price become known. There is no Sharī'ah objection to this arrangement.
The jurists have stipulated that for a sale to be valid, both countervalues must be present and observable. Al-Khaṭīb al-Shirbīnī, may Allah have mercy upon him, states:
"It is valid to sell a heap of grain whose total measure is unknown to both contracting parties at a rate of one sā' per dirham. This sale is valid because the subject of sale is present and observable, and ignorance of the total price is not harmful since it is known in detail — and uncertainty is thereby lifted."— [Mughnī al-Muḥtāj, Vol.2/P.355]
As for the uḍḥiyyah, the 'aqīqah, and vowed blood sacrifices (al-dam al-mandhūr) — full ownership of the animal must be established prior to slaughter. It is not valid for such animals to be slaughtered while still in the ownership of the butcher. Rather, the animal must be purchased alive and then slaughtered with the intention of uḍḥiyyah or the like. And Allah Almighty knows best.

What is the ruling on performing the Witr prayer as a single rak`ah?

Praise be to Allah, and peace and blessings be upon our Master, the Messenger of Allah.
 
It is permissible to perform the Witr prayer as a single unit (rak‘ah). It was narrated from Ibn ‘Umar that a man asked the Messenger of Allah ﷺ about the night prayer, and the Messenger of Allah ﷺ replied: 'The night prayer is offered two by two (mathna mathna). If one of you fears the approach of dawn, let him pray a single rak‘ah to make what he has prayed odd-numbered (Witr) for him.' (Related by al-Bukhari & Muslim)). However, limiting the prayer to only one rak‘ah is considered 'contrary to the preferred way' (Khilaf al-Awla).
 
It is stated in Al-Minhaj al-Qawim Sharh al-Muqaddimah al-Hadramiyyah (p. 137): 'The minimum of Witr is one rak‘ah, but limiting it to that is contrary to what is best.'
 
The most complete form of Witr is eleven units, while the minimum level of 'perfection' is three units. It is stated in ‘Umdat al-Salik (p. 60): 'The minimum of Witr is one rak‘ah, and its maximum is eleven, performing the taslim (salutation) after every two units. The lowest level of perfection is three units with two separate taslims (meaning 2+1).' And Allah the Exalted knows best.

What is the ruling on the prayer of the individual following the imam whose prayer is broadcasted via television?

Praise be to Allah, and peace and blessings be upon our Master, the Messenger of Allah.
 
Among the conditions for the validity of following an Imam (Sihhat al-Iqtida’) is that the Imam and the follower (Ma’mum) must be in the same location. Therefore, the prayer of one who follows an Imam whose prayer is being broadcast via television from a distant location is not valid. However, if the follower is with the Imam in the same mosque, the prayer is valid. And Allah the Exalted knows best.

What is the ruling on having an intention (Niyyah) for every prayer?

Praise be to Allah, and peace and blessings be upon our Master, the Messenger of Allah.
 
Intention (Niyyah) is a pillar (Rukn) without which the prayer is not valid. The worshiper must have an intention for every prayer, meaning they must consciously intend the act of worship they are performing. Its timing must coincide with the opening Takbir (Takbirat al-Ihram). It is not a requirement to utter it verbally; rather, doing so is considered a recommended Sunnah. There are three levels of intention:
 
1-If the prayer is obligatory (Fard): It is mandatory to include the Intent (to pray), the Specification (which prayer, e.g., 'Asr), and the Obligation (recognizing it as a Fard). For example, one should bring to mind or say: 'I intend to pray the Fard of 'Asr.'
 
2-If it is a voluntary prayer restricted by a specific time or cause (Sunnah Muqayyadah): It is mandatory to include the Intent and the Specification. For example: 'I intend to pray the Sunnah before Zuhr' or 'I intend to pray Duha.'
 
3-If it is an absolute voluntary prayer (Nafl Mutlaq): It is sufficient to simply have the Intent to pray. For example: 'I intend to pray.'
 
And Allah the Exalted knows best.

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